Download as PDF
Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Rules and Regulations
Issued in Washington, DC, on January 26,
2018.
John S. Duncan,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me, Title 14,
Code of Federal regulations, Part 97, (14
CFR part 97), is amended by amending
Standard Instrument Approach
Procedures and Takeoff Minimums and
ODPs, effective at 0901 UTC on the
dates specified, as follows:
PART 97—STANDARD INSTRUMENT
APPROACH PROCEDURES
1. The authority citation for part 97
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40106, 40113, 40114, 40120, 44502, 44514,
44701, 44719, 44721–44722.
2. Part 97 is amended to read as
follows:
By amending: § 97.23 VOR, VOR/
DME, VOR or TACAN, and VOR/DME
or TACAN; § 97.25 LOC, LOC/DME,
LDA, LDA/DME, SDF, SDF/DME;
§ 97.27 NDB, NDB/DME; § 97.29 ILS,
ILS/DME, MLS, MLS/DME, MLS/RNAV;
§ 97.31 RADAR SIAPs; § 97.33 RNAV
SIAPs; and § 97.35 COPTER SIAPs,
Identified as follows:
■
Effective Upon Publication
AIRAC date
State
City
Airport
1–Mar–18 .....
MA ........
Beverly ..................
Beverly Rgnl ..........................
8/2210
1/16/18
1–Mar–18 .....
IA ..........
Maquoketa .............
Maquoketa Muni ....................
8/2971
1/11/18
1–Mar–18 .....
SD ........
Rapid City ..............
Rapid City Rgnl .....................
8/3793
1/11/18
[FR Doc. 2018–02682 Filed 2–12–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170710645–8098–02]
RIN 0648–BH03
Fisheries of the Northeastern United
States; Northeast Skate Complex;
Framework Adjustment 4
FDC No.
alternatives. The EA provides a
thorough analysis of the biological,
economic, and social impacts of the
proposed measures and other
considered alternatives, a Regulatory
Impact Review, and economic analysis.
Copies of the Framework 4 EA are
available on request from Thomas A.
Nies, Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. This
document is also available from the
following internet addresses: http://
www.nefmc.org or https://
www.regulations.gov/docket?D=NOAANMFS-2017-0099.
FOR FURTHER INFORMATION CONTACT:
Debra Lambert, Fishery Policy Analyst,
(301) 427–8560.
SUPPLEMENTARY INFORMATION:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
Background
The final rule approves
regulations to implement the Northeast
Skate Complex Fishery Management
Plan Framework Adjustment 4
management measures. This rule
implements several measures to reduce
the risk of the skate bait fishery from
effectively closing down as it did in
fishing year 2016. This action will
reduce the skate bait season 3
possession limit and establish a separate
skate bait incidental possession limit.
This action is needed to better control
the catch of skate bait and provide a
more consistent supply of skate bait to
the lobster fishery.
DATES: Effective March 15, 2018.
ADDRESSES: New England Fishery
Management Council staff prepared an
environmental assessment (EA) for
Northeast Skate Complex Framework
Adjustment 4 that describes the
proposed action and other considered
The Northeast Skate Complex Fishery
Management Plan (FMP), developed by
the New England Fishery Management
Council and implemented in 2003,
manages a complex of seven skate
species (barndoor, clearnose, little,
rosette, smooth, thorny, and winter
skate) off the New England and MidAtlantic coasts. Skates are harvested and
managed in two different fisheries: one
for food (the wing fishery) and one for
lobster bait (the bait fishery). Fishery
specific allocations, called total
allowable landings (TALs), are set
through biennial specifications.
Additional information on the skate
fisheries can be found online at: https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/skate/index.html.
The bait and wing fisheries have
different seasonal quotas and possession
limits. Generally, the bait fishery
operates under an exemption from the
wing fishery possession limits; however,
AGENCY:
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SUMMARY:
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15:52 Feb 12, 2018
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6133
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Fmt 4700
Sfmt 4700
FDC date
Subject
Takeoff Minimums and Obstacle
DP, Amdt 3A.
Takeoff Minimums and Obstacle
DP, Amdt 1.
RNAV (GPS) Rwy 32, Amdt 2.
the inseason adjustments to possession
limits have been linked between the two
fisheries. The bait fishery is managed
under a 3-season fishing year: Season 1
is May 1–July 31; Season 2 is August 1–
October 31; and, Season 3 is November
1–April 30. Previously, when the bait
fishery reached 90 percent of a season’s
TAL, or 90 percent of the annual bait
TAL, the bait fishery possession limit
reverted to the substantially lower wing
possession limit. The linked inseason
adjustment for these fisheries became
problematic in fishing year 2016, as the
possession limit in the skate bait fishery
was reduced twice, effectively closing
the bait fishery. Further background can
be found in the proposed rule for
Framework Adjustment 4 to the FMP,
which published on October 20, 2017
(82 FR 48781). Additional information
on previous and current skate
management measures can be reviewed
through the Council’s website at http://
www.nefmc.org/management-plans/
skates.
In response to the closure, the Council
developed Framework 4 to reduce the
likelihood of a lengthy in-season closure
while ensuring bait landings do not
exceed the TAL. As mentioned above,
on October 20, 2017, NMFS published
a proposed rule (82 FR 48781)
identifying the measures in Framework
4. Comments on the proposed rule were
accepted through November 6, 2017.
Approved Measures
NMFS is approving the regulatory
changes for the skate bait fishery as
recommended by the Council in
Framework 4 and detailed in our
proposed rule. The approved measures
are:
E:\FR\FM\13FER1.SGM
13FER1
6134
Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Rules and Regulations
1. Reduce the Season 3 Bait Skate
Possession Limit
The Season 3 (November 1 through
April 30) possession limit is reduced
from 25,000 lb (11,340 kg) to 12,000 lb
(5,443 kg). Because Season 3 is the
longest season in the bait fishery (6
months), reducing the trip limit should
slow the catch rate and lessen the
chance of closing the fishery.
2. Reduce the Season 3 Bait Skate TAL
Threshold Trigger
The trigger for implementing an
inseason adjustment to possession
limits in Season 3 is reduced from 90 to
80 percent of the TAL (i.e., when 80
percent of the TAL has been reached).
The trigger for implementing an
inseason adjustment to possession
limits in Season 1 and 2 will remain at
90 percent of the seasonal TAL.
3. Establish a Separate Bait Skate
Incidental Possession Limit
This action de-couples the inseason
adjustments for the skate wing and bait
fisheries. Once the trigger for
implementing an inseason adjustment to
possession limits in the skate bait
fishery has been reached, the incidental
possession limit will be 8,000 lb (3,629
kg) for the remainder of the season.
4. Implement a Bait Skate Fishery
Closure When the TAL Is Harvested
The bait fishery will be closed when
100 percent of the bait TAL is projected
to be harvested. This measure will better
ensure that the skate bait fishery does
not exceed its TAL.
sradovich on DSK3GMQ082PROD with RULES
5. Removal of Incidental Possession
Limit if Necessary To Achieve TAL
This action also clarifies that if NMFS
determines that an in-season possession
limit reduction (putting in place the
incidental possession limit) could
prohibit the skate bait fishery from
achieving its annual TAL, NMFS may
remove the in-season reduction and
reinstate the standard seasonal
possession limit.
Comments and Responses
We received four public comments on
the proposed rule, two of which were
not responsive to the action.
Comment 1: Two commenters, the
Atlantic Offshore Lobstermen’s
Association and the Cape Cod
Commercial Fishermen’s Alliance,
support de-coupling the skate wing and
bait inseason possession limit
adjustments and support the measures
in the proposed rule.
Response: We are approving
Framework 4 and the accompanying
measures because they allow the fishery
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15:52 Feb 12, 2018
Jkt 244001
to more effectively harvest its optimum
yield. The Framework 4 measures are
expected to better ensure that the skate
bait fishery remains open throughout
Season 3. If it becomes necessary to
implement an incidental possession
limit for the skate bait fishery, those
measures will function independently
of the skate wing fishery, and would
allow fishing to continue at a lower
level.
Changes From the Proposed Rule
Only two minor revisions were made
to the regulatory text that was specified
in the proposed rule. Section
648.322(c)(4) was revised to reduce
redundancy by deleting the following
phrase from the end of the sentence: ‘‘or
whole skates greater than 23 inches
(58.42 cm) total length.’’ Section
648.322(f) was revised for clarity by
adding the phrase ‘‘possession limit’’
towards the end of the sentence.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that
Framework 4 to the FMP is necessary
for the conservation and management of
the northeast skate complex and that it
is consistent with the MagnusonStevens Fishery Conservation and
Management Act and other applicable
law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Pursuant to section 604 of the
Regulatory Flexibility Act (RFA), NMFS
has prepared a Final Regulatory
Flexibility Analysis (FRFA) in support
of this action. The FRFA incorporates
the Initial Regulatory Flexibility
Analysis (IRFA), a summary of the
significant issues raised by the public
comments in response to the IRFA, and
NMFS’ responses to those comments,
and a summary of the analyses
completed to support the action. A copy
of this analysis and the EA are available
from the Council (see ADDRESSES). A
description of why this action was
considered, and the objectives of this
rule, is contained in the preamble to the
proposed rule and this final rule and is
not repeated here.
A Summary of the Significant Issues
Raised by the Public in Response to the
IRFA, a Summary of the Agency’s
Assessment of Such Issues, and a
Statement of Any Changes Made in the
Final Rule as a Result of Such
Comments
We received four public comments on
the proposed rule, two of which were
not responsive to the action. For a
summary of the comments, and NMFS’
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Fmt 4700
Sfmt 4700
response, see the Comments and
Responses section above. The comments
did not raise any issues or concerns
related to the IRFA or the economic
impacts of the rule more generally. In
addition, no comments were filed by the
Chief Counsel for Advocacy of the Small
Business Administration in response to
the proposed rule. No changes were
made to the rule as a result of
comments.
Description and Estimate of the Number
of Small Entities to Which the Rule
Would Apply
This rule will affect vessels that hold
Federal open access commercial skate
permits that participate in the skate
fishery or affiliated groups that hold
multiple open access commercial skate
permits that participate in the skate
fishery. Within the skate bait fishery,
the majority of affiliated groups consist
of a single permit-holder, or 71 vessels
in fishing year 2015, the most recent
year for which complete information
was available during the Council’s
impact analyses. Four vessels belong to
affiliated groups that hold two or more
permits.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. The Council’s
analysis indicates the maximum number
of small fishing entities that may be
affected by this action is 69 (71 vessels),
based on 2015 data. During fishing year
2015, only 69 affiliated groups landed
any amount of skate for bait. At the
permit level, every skate landing permit
is defined as a small business according
to size standards (the top five vessels
have total revenues between 600
thousand and 1.9 million dollars in
2015).
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements.
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Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Rules and Regulations
Description of the Steps the Agency Has
Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statues
The Council considered revising the
skate bait trigger for implementing an
inseason adjustment, reduced
possession limit, and closure
independently, but elected to include
all of the measures into a single action.
The Council was concerned that,
independently, the measures would not
restrict catch enough and leave the
fishery at risk of a substantial closure
with accompanying economic impacts.
Incorporating all of the measures
accomplishes the goals and objectives of
the FMP and minimizes the economic
impact on small entities. Retaining the
status quo management measures would
not slow catch and would result in the
fishery having a higher likelihood of
closing for an extended period, resulting
in greater profit losses to industry and
bait shortages to the lobster fishery—
both issues the Council sought to avoid
by the Framework 4 action.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as a small entity
compliance guide was prepared. Copies
of this final rule are available from the
Greater Atlantic Regional Fisheries
Office (GARFO), and the compliance
guide, i.e., permit holder letter, will be
sent to all holders of permits for the
skate fishery. The guide and this final
rule will be posted or publically
available on the GARFO website.
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List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
VerDate Sep<11>2014
15:52 Feb 12, 2018
Jkt 244001
Dated: February 8, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.322, revise paragraphs (c)
through (e), and add paragraphs (f) and
(g) to read as follows:
■
§ 648.322 Skate allocation, possession,
and landing provisions.
*
*
*
*
*
(c) Bait Letter of Authorization (LOA).
A skate vessel owner or operator under
this part may request and receive from
the Regional Administrator an
exemption from the skate wing
possession limit restrictions for a
minimum of 7 consecutive days,
provided that when the vessel is fishing
pursuant to the terms of authorization at
least the following requirements and
conditions are met:
(1) The vessel owner or operator
obtains and retains onboard the vessel a
valid LOA. LOAs are available upon
request from the Regional
Administrator.
(2) The vessel owner or operator
fishes for, possesses, or lands skates
only for use as bait.
(3) The vessel owner or operator
possesses or lands no more than 25,000
lb (11,340 kg) of whole skates per trip
during Seasons 1 or 2 and no more than
12,000 lb (5,443 kg) of whole skates per
trip during Season 3.
(4) The vessel owner or operator
possesses or lands only whole skates
less than 23 inches (58.42 cm) total
length, and does not possess or land any
skate wings.
(5) Vessels that choose to possess or
land skate wings during the
participation period of this letter of
authorization must comply with
possession limit restrictions under
paragraph (b) of this section for all
skates or skate parts on board. Vessels
possessing skate wings in compliance
with the possession limit restrictions
under paragraph (b) of this section may
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6135
fish for, possess, or land skates for uses
other than bait.
(6) The vessel owner or operator
complies with the transfer at sea
requirements at § 648.13(h).
(d) In-season adjustment of skate bait
possession limits. When the Regional
Administrator projects that 90 percent
of the skate bait fishery seasonal quota
has been landed in Seasons 1 or 2, or
80 percent of the annual skate bait
fishery TAL has been landed, the
Regional Administrator shall, through a
notice in the Federal Register consistent
with the Administrative Procedure Act,
reduce the skate bait trip limit to 8,000
lb (3,629 kg) of whole skates for the
remainder of the quota period, unless
such a reduction would be expected to
prevent attainment of the seasonal quota
or annual TAL.
(e) In-season closure of skate bait
fishery. When the Regional
Administrator projects that 100 percent
of the skate bait fishery TAL will be
landed, the Regional Administrator
shall, through a notice in the Federal
Register consistent with the
Administrative Procedure Act, close the
skate bait fishery, unless such a closure
would be expected to prevent
attainment of the annual TAL. During a
skate bait fishery closure all skate bait
LOAs as described in paragraph (c) of
this section are void. All skates
harvested and landed during a skate bait
fishery closure will be attributed
towards the skate-wing TAL as
described in this section.
(f) Removal of in-season possession
limit reductions. If it is determined that
an in-season trip limit reduction as
described in paragraphs (d) and (e) of
this section could prohibit the skate bait
fishery from achieving its annual TAL,
the in-season possession limit reduction
may be removed.
(g) Prohibitions on possession of
skates. A vessel fishing in the EEZ
portion of the Skate Management Unit
may not:
(1) Retain, possess, or land barndoor
or thorny skates taken in or from the
EEZ portion of the Skate Management
Unit.
(2) Retain, possess, or land smooth
skates taken in or from the GOM RMA
described at § 648.80(a)(1)(i).
[FR Doc. 2018–02967 Filed 2–12–18; 8:45 am]
BILLING CODE 3510–22–P
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Agencies

[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Rules and Regulations]
[Pages 6133-6135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02967]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170710645-8098-02]
RIN 0648-BH03
Fisheries of the Northeastern United States; Northeast Skate
Complex; Framework Adjustment 4
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The final rule approves regulations to implement the Northeast
Skate Complex Fishery Management Plan Framework Adjustment 4 management
measures. This rule implements several measures to reduce the risk of
the skate bait fishery from effectively closing down as it did in
fishing year 2016. This action will reduce the skate bait season 3
possession limit and establish a separate skate bait incidental
possession limit. This action is needed to better control the catch of
skate bait and provide a more consistent supply of skate bait to the
lobster fishery.
DATES: Effective March 15, 2018.
ADDRESSES: New England Fishery Management Council staff prepared an
environmental assessment (EA) for Northeast Skate Complex Framework
Adjustment 4 that describes the proposed action and other considered
alternatives. The EA provides a thorough analysis of the biological,
economic, and social impacts of the proposed measures and other
considered alternatives, a Regulatory Impact Review, and economic
analysis. Copies of the Framework 4 EA are available on request from
Thomas A. Nies, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA 01950. This document is also
available from the following internet addresses: http://www.nefmc.org
or https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0099.
FOR FURTHER INFORMATION CONTACT: Debra Lambert, Fishery Policy Analyst,
(301) 427-8560.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Skate Complex Fishery Management Plan (FMP),
developed by the New England Fishery Management Council and implemented
in 2003, manages a complex of seven skate species (barndoor, clearnose,
little, rosette, smooth, thorny, and winter skate) off the New England
and Mid-Atlantic coasts. Skates are harvested and managed in two
different fisheries: one for food (the wing fishery) and one for
lobster bait (the bait fishery). Fishery specific allocations, called
total allowable landings (TALs), are set through biennial
specifications. Additional information on the skate fisheries can be
found online at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/skate/index.html.
The bait and wing fisheries have different seasonal quotas and
possession limits. Generally, the bait fishery operates under an
exemption from the wing fishery possession limits; however, the
inseason adjustments to possession limits have been linked between the
two fisheries. The bait fishery is managed under a 3-season fishing
year: Season 1 is May 1-July 31; Season 2 is August 1-October 31; and,
Season 3 is November 1-April 30. Previously, when the bait fishery
reached 90 percent of a season's TAL, or 90 percent of the annual bait
TAL, the bait fishery possession limit reverted to the substantially
lower wing possession limit. The linked inseason adjustment for these
fisheries became problematic in fishing year 2016, as the possession
limit in the skate bait fishery was reduced twice, effectively closing
the bait fishery. Further background can be found in the proposed rule
for Framework Adjustment 4 to the FMP, which published on October 20,
2017 (82 FR 48781). Additional information on previous and current
skate management measures can be reviewed through the Council's website
at http://www.nefmc.org/management-plans/skates.
In response to the closure, the Council developed Framework 4 to
reduce the likelihood of a lengthy in-season closure while ensuring
bait landings do not exceed the TAL. As mentioned above, on October 20,
2017, NMFS published a proposed rule (82 FR 48781) identifying the
measures in Framework 4. Comments on the proposed rule were accepted
through November 6, 2017.
Approved Measures
NMFS is approving the regulatory changes for the skate bait fishery
as recommended by the Council in Framework 4 and detailed in our
proposed rule. The approved measures are:
[[Page 6134]]
1. Reduce the Season 3 Bait Skate Possession Limit
The Season 3 (November 1 through April 30) possession limit is
reduced from 25,000 lb (11,340 kg) to 12,000 lb (5,443 kg). Because
Season 3 is the longest season in the bait fishery (6 months), reducing
the trip limit should slow the catch rate and lessen the chance of
closing the fishery.
2. Reduce the Season 3 Bait Skate TAL Threshold Trigger
The trigger for implementing an inseason adjustment to possession
limits in Season 3 is reduced from 90 to 80 percent of the TAL (i.e.,
when 80 percent of the TAL has been reached). The trigger for
implementing an inseason adjustment to possession limits in Season 1
and 2 will remain at 90 percent of the seasonal TAL.
3. Establish a Separate Bait Skate Incidental Possession Limit
This action de-couples the inseason adjustments for the skate wing
and bait fisheries. Once the trigger for implementing an inseason
adjustment to possession limits in the skate bait fishery has been
reached, the incidental possession limit will be 8,000 lb (3,629 kg)
for the remainder of the season.
4. Implement a Bait Skate Fishery Closure When the TAL Is Harvested
The bait fishery will be closed when 100 percent of the bait TAL is
projected to be harvested. This measure will better ensure that the
skate bait fishery does not exceed its TAL.
5. Removal of Incidental Possession Limit if Necessary To Achieve TAL
This action also clarifies that if NMFS determines that an in-
season possession limit reduction (putting in place the incidental
possession limit) could prohibit the skate bait fishery from achieving
its annual TAL, NMFS may remove the in-season reduction and reinstate
the standard seasonal possession limit.
Comments and Responses
We received four public comments on the proposed rule, two of which
were not responsive to the action.
Comment 1: Two commenters, the Atlantic Offshore Lobstermen's
Association and the Cape Cod Commercial Fishermen's Alliance, support
de-coupling the skate wing and bait inseason possession limit
adjustments and support the measures in the proposed rule.
Response: We are approving Framework 4 and the accompanying
measures because they allow the fishery to more effectively harvest its
optimum yield. The Framework 4 measures are expected to better ensure
that the skate bait fishery remains open throughout Season 3. If it
becomes necessary to implement an incidental possession limit for the
skate bait fishery, those measures will function independently of the
skate wing fishery, and would allow fishing to continue at a lower
level.
Changes From the Proposed Rule
Only two minor revisions were made to the regulatory text that was
specified in the proposed rule. Section 648.322(c)(4) was revised to
reduce redundancy by deleting the following phrase from the end of the
sentence: ``or whole skates greater than 23 inches (58.42 cm) total
length.'' Section 648.322(f) was revised for clarity by adding the
phrase ``possession limit'' towards the end of the sentence.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
Framework 4 to the FMP is necessary for the conservation and management
of the northeast skate complex and that it is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
NMFS has prepared a Final Regulatory Flexibility Analysis (FRFA) in
support of this action. The FRFA incorporates the Initial Regulatory
Flexibility Analysis (IRFA), a summary of the significant issues raised
by the public comments in response to the IRFA, and NMFS' responses to
those comments, and a summary of the analyses completed to support the
action. A copy of this analysis and the EA are available from the
Council (see ADDRESSES). A description of why this action was
considered, and the objectives of this rule, is contained in the
preamble to the proposed rule and this final rule and is not repeated
here.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
We received four public comments on the proposed rule, two of which
were not responsive to the action. For a summary of the comments, and
NMFS' response, see the Comments and Responses section above. The
comments did not raise any issues or concerns related to the IRFA or
the economic impacts of the rule more generally. In addition, no
comments were filed by the Chief Counsel for Advocacy of the Small
Business Administration in response to the proposed rule. No changes
were made to the rule as a result of comments.
Description and Estimate of the Number of Small Entities to Which the
Rule Would Apply
This rule will affect vessels that hold Federal open access
commercial skate permits that participate in the skate fishery or
affiliated groups that hold multiple open access commercial skate
permits that participate in the skate fishery. Within the skate bait
fishery, the majority of affiliated groups consist of a single permit-
holder, or 71 vessels in fishing year 2015, the most recent year for
which complete information was available during the Council's impact
analyses. Four vessels belong to affiliated groups that hold two or
more permits.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. The Council's analysis indicates the
maximum number of small fishing entities that may be affected by this
action is 69 (71 vessels), based on 2015 data. During fishing year
2015, only 69 affiliated groups landed any amount of skate for bait. At
the permit level, every skate landing permit is defined as a small
business according to size standards (the top five vessels have total
revenues between 600 thousand and 1.9 million dollars in 2015).
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements.
[[Page 6135]]
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statues
The Council considered revising the skate bait trigger for
implementing an inseason adjustment, reduced possession limit, and
closure independently, but elected to include all of the measures into
a single action. The Council was concerned that, independently, the
measures would not restrict catch enough and leave the fishery at risk
of a substantial closure with accompanying economic impacts.
Incorporating all of the measures accomplishes the goals and objectives
of the FMP and minimizes the economic impact on small entities.
Retaining the status quo management measures would not slow catch and
would result in the fishery having a higher likelihood of closing for
an extended period, resulting in greater profit losses to industry and
bait shortages to the lobster fishery--both issues the Council sought
to avoid by the Framework 4 action.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
a small entity compliance guide was prepared. Copies of this final rule
are available from the Greater Atlantic Regional Fisheries Office
(GARFO), and the compliance guide, i.e., permit holder letter, will be
sent to all holders of permits for the skate fishery. The guide and
this final rule will be posted or publically available on the GARFO
website.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 8, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.322, revise paragraphs (c) through (e), and add
paragraphs (f) and (g) to read as follows:
Sec. 648.322 Skate allocation, possession, and landing provisions.
* * * * *
(c) Bait Letter of Authorization (LOA). A skate vessel owner or
operator under this part may request and receive from the Regional
Administrator an exemption from the skate wing possession limit
restrictions for a minimum of 7 consecutive days, provided that when
the vessel is fishing pursuant to the terms of authorization at least
the following requirements and conditions are met:
(1) The vessel owner or operator obtains and retains onboard the
vessel a valid LOA. LOAs are available upon request from the Regional
Administrator.
(2) The vessel owner or operator fishes for, possesses, or lands
skates only for use as bait.
(3) The vessel owner or operator possesses or lands no more than
25,000 lb (11,340 kg) of whole skates per trip during Seasons 1 or 2
and no more than 12,000 lb (5,443 kg) of whole skates per trip during
Season 3.
(4) The vessel owner or operator possesses or lands only whole
skates less than 23 inches (58.42 cm) total length, and does not
possess or land any skate wings.
(5) Vessels that choose to possess or land skate wings during the
participation period of this letter of authorization must comply with
possession limit restrictions under paragraph (b) of this section for
all skates or skate parts on board. Vessels possessing skate wings in
compliance with the possession limit restrictions under paragraph (b)
of this section may fish for, possess, or land skates for uses other
than bait.
(6) The vessel owner or operator complies with the transfer at sea
requirements at Sec. 648.13(h).
(d) In-season adjustment of skate bait possession limits. When the
Regional Administrator projects that 90 percent of the skate bait
fishery seasonal quota has been landed in Seasons 1 or 2, or 80 percent
of the annual skate bait fishery TAL has been landed, the Regional
Administrator shall, through a notice in the Federal Register
consistent with the Administrative Procedure Act, reduce the skate bait
trip limit to 8,000 lb (3,629 kg) of whole skates for the remainder of
the quota period, unless such a reduction would be expected to prevent
attainment of the seasonal quota or annual TAL.
(e) In-season closure of skate bait fishery. When the Regional
Administrator projects that 100 percent of the skate bait fishery TAL
will be landed, the Regional Administrator shall, through a notice in
the Federal Register consistent with the Administrative Procedure Act,
close the skate bait fishery, unless such a closure would be expected
to prevent attainment of the annual TAL. During a skate bait fishery
closure all skate bait LOAs as described in paragraph (c) of this
section are void. All skates harvested and landed during a skate bait
fishery closure will be attributed towards the skate-wing TAL as
described in this section.
(f) Removal of in-season possession limit reductions. If it is
determined that an in-season trip limit reduction as described in
paragraphs (d) and (e) of this section could prohibit the skate bait
fishery from achieving its annual TAL, the in-season possession limit
reduction may be removed.
(g) Prohibitions on possession of skates. A vessel fishing in the
EEZ portion of the Skate Management Unit may not:
(1) Retain, possess, or land barndoor or thorny skates taken in or
from the EEZ portion of the Skate Management Unit.
(2) Retain, possess, or land smooth skates taken in or from the GOM
RMA described at Sec. 648.80(a)(1)(i).
[FR Doc. 2018-02967 Filed 2-12-18; 8:45 am]
BILLING CODE 3510-22-P